1. Accepting These Terms
These terms of use (the “terms”) apply to your use of this website and its pages, tools and downloads (the “site”), which Mayflower Specialty, Ltd. (“Mayflower,” “we” or “us”) operates. By using the site, you agree to these terms. If you use the site for a company, such as your employer or a client you represent as its broker, you agree to them for that company as well and confirm that you are authorized to do so. If you do not agree, please do not use the site.
Our Privacy Policy explains how we handle personal information submitted through the site, and it forms part of these terms.
2. What the Site Is For
The site explains how AI creates liability, through pages such as AI risks and our guides, and describes the AI liability coverage Mayflower provides. It also lets companies and their brokers contact us, apply for coverage and download our AI Liability Supplemental Application. Its content is general information written for business readers, and section 4 explains how far you can rely on it.
3. No Offer or Binding of Insurance
Nothing on the site is an offer to sell insurance, a solicitation of insurance in any jurisdiction where it would be unlawful, or a binder or certificate of insurance. Coverage is available only under a policy issued after underwriting, and only on the terms, conditions, limits and exclusions of that policy.
The site’s descriptions of AI Directors and Officers Liability (AI-D&O), AI Employment Practices Liability (AI-EPL), AI Professional Liability (AI-E&O) and AI DIC Excess summarize the kinds of claims each module is written for. They do not amend any policy, and where a summary differs from a policy, the policy governs.
Completing an application, online or on paper, does not bind coverage. Underwriting decides whether to offer terms, and any quotation is subject to the conditions stated in it; as the application explains, Mayflower may withdraw or modify an outstanding quotation if the information in the application changes. Coverage may not be available in every state or to every applicant.
4. No Legal or Professional Advice
The guides, AI risk pages, glossary, answers to frequently asked questions and regulatory summaries on the site describe the law, court decisions and market practice as of the date shown on each page. They are general information rather than legal, regulatory, tax, accounting or insurance advice for your situation, and reading them or contacting us does not create an attorney-client, advisory or fiduciary relationship.
Results from interactive tools, such as the coverage gap check, are general indications based on your answers, rather than an opinion on whether a particular policy would respond to a particular claim. The law on AI liability is changing quickly, so it is best to confirm anything you plan to rely on with your own lawyer and your broker.
5. Your Submissions
When you send us a message, start an application or download the supplemental application, you confirm that the information you give is accurate and that you are entitled to give it, including any information about other people. If you apply for a company, you confirm that you are authorized to do so. The statements in an application are also governed by the representation and warranty in the application itself, which the company’s authorized officer signs.
We handle the personal information you submit as the Privacy Policy describes, and we hold application information in confidence, as the application states. If you send us ideas or suggestions about the site or our products, we may use them without any obligation to you.
6. The Supplemental Application and Its License
The AI Liability Supplemental Application and the questions, frameworks, scoring criteria, definitions and supporting materials it contains (the “Application Materials”) are Mayflower’s proprietary and confidential intellectual property. They are licensed to you, rather than sold, under the Limited Use License Agreement shown on the supplemental application page, which you accept before you download the application.
That agreement allows you to use the Application Materials only to apply for insurance coverage from Mayflower. Among other things, it prohibits reproducing or redistributing them and using them to develop, train, evaluate, benchmark or improve a competing insurance product, underwriting model, risk-scoring framework or AI system, and it is governed by the laws of the State of New York.
The online application presents the same Application Materials. You may use it only to apply for coverage, and you may not copy, extract or reuse its questions for any purpose that the Limited Use License Agreement prohibits. If that agreement conflicts with these terms, the agreement governs the Application Materials.
7. Intellectual Property
The site and its content, including its text, guides, graphics, design and software and the Mayflower name and logo, belong to Mayflower or its licensors and are protected by copyright, trademark and other laws. Subject to these terms, you may view the site, print or save pages for your own reference or your organization’s internal use, and quote short passages with attribution and a link to the page they come from. Any other use, such as republishing our content or using our name or logo, needs our written permission.
Search engines and AI assistants may read and index the public pages of the site as our robots.txt file allows. The marine paintings shown on the site are public-domain works, and their status does not extend to the rest of the site.
8. Acceptable Use
When you use the site, you agree not to:
- use it in a way that breaks the law or infringes anyone’s rights;
- submit information that is false or misleading, or that you are not authorized to give, including applying for a company without its authority;
- impersonate any person or organization, or misrepresent your connection with one;
- use automated means to submit forms, start applications or download the application, or place an unreasonable load on the site;
- probe, scan or test the site’s vulnerability, or bypass its security measures, such as the license acceptance or the signed download links;
- copy, scrape or extract the Application Materials, or use them to build a competing product, underwriting model or AI system; or
- upload malware, or files you do not have the right to share.
If you find a security vulnerability, please report it to jeremy@mayflowerspecialty.com rather than testing it further.
9. Third-Party Links and Services
The site links to websites we do not control, such as the court records, regulators and news outlets our guides cite, and it relies on third-party services such as HubSpot and Supabase to handle forms. We are not responsible for the content, availability or practices of other websites, and your use of them is subject to their own terms and privacy policies. A link to another website is not an endorsement of it.
10. Availability and Changes to the Site
We may change, suspend or withdraw any part of the site at any time, and we do not promise that the site will always be available or free of errors. We may also restrict or end your access if we reasonably believe you have broken these terms.
11. Disclaimers
We work to keep the site accurate and up to date, but the site and its content are provided “as is” and “as available.” To the fullest extent the law allows, Mayflower disclaims all warranties, express or implied, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the site, or any file you download from it, is free of viruses or other harmful components.
12. Limitation of Liability
To the fullest extent the law allows, Mayflower and its directors, officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to your use of the site, your inability to use it or your reliance on its content, even if we were told such damages were possible.
These limits do not apply to liability that the law does not allow us to limit or exclude. Nothing in these terms changes the rights and obligations under an insurance policy, which are governed by the policy.
13. Indemnity
You agree to indemnify and hold harmless Mayflower and its directors, officers, employees and agents against claims, losses and costs, including reasonable legal fees, arising out of your breach of these terms or your misuse of the site.
14. Governing Law and Disputes
These terms, and any dispute arising out of or relating to them or to the site, are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, which is consistent with the Limited Use License Agreement. You agree that the state and federal courts located in New York County, New York have exclusive jurisdiction over any such dispute, and you consent to their personal jurisdiction.
15. Changes to These Terms
We may update these terms from time to time. When we do, we will post the new version on this page and change the date at the top. The version in force when you use the site applies to that use, so it is a good idea to review this page now and then.
16. General
These terms, together with the Privacy Policy and, for the Application Materials, the Limited Use License Agreement, are the entire agreement between you and Mayflower about the site. If a court finds any part of these terms unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it, and you may not transfer your rights under these terms without our written consent.
17. Contact Us
For questions about these terms, contact Mayflower Specialty, Ltd. at jeremy@mayflowerspecialty.com.
